Monday, July 12, 1999 – 7:00 PM

Assembly Chambers – Municipal Building

Meeting No. 99-21

Submitted by: _____________________________

David R. Palmer

City & Borough Manger

  4. 1. 5/17/99 – Regular Mtg. No. 99-16

    2. 5/26/99 - Special Mtg. No. 99-17

    3. 6/14/99 - Special Mtg. No. 99-19


    1. Discussion of Matters the Immediate Knowledge of Which Would Clearly Have an Adverse Effect on the Finances of The City and Borough

    (Note: the Assembly may enter into Executive Session for this item)

  6. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual).

The Consent Agenda includes routine items of business, which may not require separate discussion. When the Mayor calls for public comment on the Consent Agenda, you may raise your hand and the Mayor will recognize you asking which item(s) you wish to have removed from the Consent Agenda for separate discussion and action. Following the removal of any item from the Consent Agenda, the Assembly votes on the remaining items in one motion. (Ordinances for introduction generally may not be removed from the Consent Agenda.)

All items that are removed from the Consent Agenda will follow the format of: Administrative or Committee Report, Public Hearing/Participation and Assembly Action.

  1. Ordinances for Introduction:

1. Ordinance No. 99-24

An Ordinance Repealing the Offense of Driving While Impaired. Presented by the Manager.

This ordinance ends the CBJ effort to establish a separate offense for driving with a blood alcohol level of .08 percent or more.

As originally conceived, the program would have established a DWI level for Juneau more stringent than the statewide standard of .1%. However, this idea ran up against the state requirement for uniform driving standards, and the Assembly was limited to implementing the program as an infraction, with a maximum fine of $300 and no jail time possible. This limitation has turned out to be counter-productive.

Drivers with a blood alcohol level marginally below the .1% standard pose a serious threat to the public, and they deserve a more serious sanction than a $300 fine. For this reason, when we charge a driver with DWI, we ask the judge to instruct the jurors that if they believe the facts do not support a DWI conviction, they may consider the "lesser included offense" of reckless driving. Reckless driving is a class B misdemeanor with a maximum fine of $1,000, a jail sentence up to 90 days, or both. There is no mandatory minimum jail time for reckless driving, as there is with DWI.

Lately defendants have argued that the appropriate "lesser included offense" for DWI is driving while impaired, because it is so closely related to DWI, and it is improper for juries to consider reckless driving as an alternative. If this argument succeeds, drivers with a .08% blood alcohol level can receive no more than a $300 fine, the same as a parking ticket, and the Assembly's policy of providing extra protection to the public will have been turned on its head.

I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.

2. Ordinance No. 99-17 (A)

An Ordinance Appropriating to the Manager the Sum of $520,000 for Construction of the Calhoun Avenue Bridge Waterline, West 8th Avenue Waterline, Last Chance Basin Improvements and Salmon Creek Water Source Improvements. Such Funds Provided by the Water Retained Earnings. Presented by the Manager.

This ordinance appropriates $520,000 of the Water retained earnings for the following waterline construction and improvements.

The Calhoun Avenue Bridge Waterline construction will install approximately 90 linear feet of 16" diameter ductile iron pipe, 100 linear feet of pre-insulated 16" diameter welded steel water pipe with 22" diameter metal jacket, 6" through 10" gate valve, 6" through 16" ductile iron bends and fittings, concrete block pipe supports for the pre-insulated pipe on each side of the Gold Creek concrete-walled channel, remove pipe from under the Calhoun Avenue Bridge, and disconnect and re-connect work to abandon remaining water pipe. The existing high-pressure line has failed numerous times and is so old it is beyond repair at this point. Cost $130,000.

The West 8th Avenue Waterline construction will remove approximately 280 feet of 8" cast iron water pipe, 20 feet of 4" pipe and 266 feet of storm drain pipe; install approximately 280 feet of 12" ductile iron water pipe, 20 feet of 14" ductile iron water pipe, 2 concrete plugs on the remaining storm drain pipe, reconnect to 4 existing water services, various valves and fittings for the mainline water pipe, and replace the surface paving, concrete sidewalks and gutters disturbed during construction. This will allow us to balance out the system and feed more water to Douglas and North Douglas and to the Valley through the channel crossing if needed. Cost $90,000.

The review and design of Last Chance Basin rehabilitation to include: drill well #6; rehabilitate wells #1, #2, and #5; evaluate piping configuration from Last Chance Basin to the Jaulpa Tunnel. Cost $200,000.

The examination of filtration options for the Salmon Creek water source. Currently we use this source without filtration preventing use during periods of high turbidity. New and more cost-effective filtration treatment technology might permit CBJ to install a filtration plant so that Salmon Creek could be used as a water source virtually year-round. Cost $100,000.

After this ordinance is adopted, the Water retained earnings will be $2,200,800.

I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.

B. Transfer Request:

1. Transfer No. T-668: Transfers $65,000 from N. Behrends Avenue/Willow Reconstruction (CIP R412-54) to Lemon Creek Road Cul-de-Sac (CIP R412-60)

This transfers $65,000 of FY98 Areawide 1% CIP Sales Tax from the North Behrends Avenue/Willow Reconstruction project to the Lemon Creek Road cul-de-sac. The North Behrends Ave/Willow Reconstruction project will be ready to close in a few months. There are sufficient funds in the project budget to pay for all remaining costs and this transfer.

This transfer will fund the construction of a cul-de-sac on the Lemon Creek side of Lemon Creek Road immediately before the entrance to the Lemon Creek Correctional Center. It was necessary for Capital Transit to cease service to this area because of the hazard associated with backing from Lemon Creek Road onto Churchill Way to turn buses around. There is no other feasible and safe way to turn buses and other vehicles around in this intersection.

The Alaska Department of Corrections owns two lots at the end of Lemon Creek Road before the entrance to the Center. The State has granted CBJ permission to construct a cul-de-sac or turnaround on these lots so that these maneuvers could be undertaken safely. The design of the cul-de-sac would be similar to the one being constructed at the end of St. Ann’s Street. This project would eliminate all regular backing of Capital Transit buses on public streets throughout its service area, thus significantly improving service and safety. It will also provide safe turning around movements for all other vehicles using this street.

This transfer will provide sufficient funds for the design and other associated work for this project. If additional funds are needed to complete construction, additional transfers will be made.

After the transfer is approved, the fund available balances, budgets, and status for the projects will be as follows:

Transfer Status/
Project Number/
Project Name
Funds Available
Prior to Transfer
Funds Available
After Transfer
Total Project
After Transfer
Transferred from:
N. Behrends Ave/
Willow Reconstr.
$71,524 $6,524 $1,022,292 Close pending
Transferred to:
Lemon Creek Road
$-0- $65,000 $65,000 New


I recommend that this transfer be approved.

C. Liquor License:

1. Transfer of License

TO: Café Myriad; 230 Seward Street Corporation: Bernard Francis Wostmann – President, Robin Lynn Combest – Secretary/Treasurer; Mail: 226 Seward Street, Suite #280, Juneau, AK 99801, FROM: Steven Pfister d/b/a Valentine’s Coffee House; Mail: 111 Seward Street, Juneau, AK 99801




1. Ordinance No. 99-21

An Ordinance Amending the Health and Sanitation Code to Increase the Waste Management Utility Fee From $2.80 to $4.00 Per Month Upon Establishment of a Solid Waste Recycling Program. Presented by the Manager.

Administrative or Staff Report

This ordinance implements Assembly direction at the May 24th Committee of the Whole meeting to increase the waste management fee to $4.00 per month to provide funding for a recycling center.

The fee, which is currently at $2.80 per month, will be used to pay for the anticipated costs of the city-sponsored program. Assuming there are about 12,000 households, the increase from $2.80 to $4.00 per month would generate approximately $173,000 annually. If adopted, staff will prepare a request for bids for a comprehensive recycling services system. The fee increase will not occur until such time the Assembly awards the bid for services.

The Assembly Lands Committee reviewed and recommended approval of the proposed fee increase at its meeting of April 28, 1999.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

2. Ordinance No. 99-17 (AP)

An Ordinance Appropriating to the Manager the Sum of $800 to Adjust Budgeted Library Grants to the Actual Grant Amounts Received for FY99. Such Funds Provided by the Alaska Department of Education. Presented by the Manager.

Administrative or Staff Report

This year-end housekeeping measure appropriates $800 to adjust FY99 Library grant budget to the actual amounts received. Three grants, as described below, are affected by this adjustment.

      1. The Public Library Assistance grant will be adjusted upward from a budgeted $20,000 to the amount received of $21,000, an increase of $1,000
      2. The Regional Mail Services grant will be adjusted downward from a budgeted $90,000 to the amount received of $86,500, a decrease of $3,500
      3. The Net Lender Regional 1998 grant is a new grant in the amount of $3,300

A summary of the Library FY99 Grant budget as adjusted by this ordinance is shown in the table below:



FY99 Budget

Increase (Decrease)

Revised FY99 Budget

Alliance Participation/ILC


$ -0-


Public Library Assistance




Regional Mail Services




Net Lender ILC97




Net Lender ILC98






$ 800


I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

    1. Manager’s Report – Action Items:
    2. Manager’s Report – Information Items:
    3. 1. Thane Road Campground

      Construction on the Thane Road Campground is nearing completion, with the opening scheduled July 12th. This campground, constructed and operated by St. Vincent de Paul with a $55,000 grant provided by the CBJ, will be operated only during the summer months. The campground is intended for individuals and families in need of temporary summer housing as well as limited social services. It is anticipated that there will be 25 camping sites to be made available on a daily basis for a minimal charge. Potable water and sanitary facilities will also be available for registered campers.

      2. Petition Initiatives – Status

    4. Attorney’s Report:
    1. Revised Pending Items
    2. Unappropriated General Fund Unreserved Fund Balance
    3. Assembly Contingency Fund Balance
    1. Committee Reports:
      1. Committee of the Whole
      2. Finance Committee

3. Human Resources Committee

4. Lands and Resources Committee

5. Public Works and Facilities Committee

6. Assembly Strategic Policy Committee

B. Board Liaison Reports

  2. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed 5 minutes per person or 20 minutes total, whichever is less).

Note: Agenda packets are available for review at the Juneau Public Library and the Douglas Public Library.

ADA Accommodations Available Upon Request: Please contact the Clerk’s Office 48 hours prior to any meeting so arrangements can be made to have a sign language interpreter present or an audiotape containing the Assembly’s agenda made available. The Clerk’s Office telephone number is 586-5278, TDD 586-5351, e-mail: